nixon argued july decided july together nixon president also certiorari judgment following indictment alleging violation federal statutes certain staff members white house political supporters president special prosecutor filed motion fed rule crim proc subpoena duces tecum production trial certain tapes documents relating precisely identified conversations meetings president others president claiming executive privilege filed motion quash subpoena district treating subpoenaed material presumptively privileged concluded special prosecutor made sufficient showing rebut presumption requirements rule satisfied thereafter issued order camera examination subpoenaed material rejected president contentions dispute special prosecutor nonjusticiable conflict judiciary lacked authority review president assertion executive privilege stayed order pending appellate review president sought appeals special prosecutor filed petition writ certiorari judgment president filed writ challenging action granted petitions held district order appealable final order therefore properly appeals petition certiorari judgment filed properly review although order normally final subject appeal exception made limited class cases denial immediate review render impossible review whatsoever individual claims ryan exception proper unique circumstances case inappropriate subject president procedure securing review resisting order inappropriate require district proceed traditional contempt citation order provide appellate review pp dispute special prosecutor president presents justiciable controversy pp mere assertion dispute without defeat federal jurisdiction icc attorney general regulation conferred upon special prosecutor unique tenure authority represent given special prosecutor explicit power contest invocation executive privilege seeking evidence deemed relevant performance specially delegated duties regulation remains effect executive branch bound ex rel accardi shaughnessy pp action special prosecutor within scope express authority seeking specified evidence preliminarily determined relevant admissible pending criminal case president assertion privilege opposition thereto present issues type traditionally justiciable icc supra fact litigants officers executive branch bar justiciability pp examination material submitted special prosecutor support motion subpoena much seal clear district denial motion quash comported rule special prosecutor made sufficient showing justify subpoena production trial pp neither doctrine separation powers generalized need confidentiality communications without sustain absolute unqualified presidential privilege immunity judicial process circumstances see marbury madison cranch baker carr absent claim need protect military diplomatic sensitive national security secrets confidentiality presidential communications significantly diminished producing material criminal trial protected conditions camera inspection absolute executive privilege art ii constitution plainly conflict function courts constitution pp although courts afford utmost deference presidential acts performance art ii function burr cas claim presidential privilege materials subpoenaed use criminal trial based ground military diplomatic secrets implicated merely ground generalized interest confidentiality president generalized assertion privilege must yield demonstrated specific need evidence pending criminal trial fundamental demands due process law fair administration criminal justice pp basis examination record concluded district erred ordering camera examination subpoenaed material shall forthwith transmitted district pp since president communications encompass vastly wider range sensitive material true ordinary individual public interest requires presidential confidentiality afforded greatest protection consistent fair administration justice district heavy responsibility ensure material involving presidential conversations irrelevant inadmissible criminal prosecution accorded high degree respect due president material returned seal lawful custodian released special prosecutor camera material released anyone pp burger delivered opinion members joined except rehnquist took part consideration decision cases leon jaworski philip lacovara argued cause filed briefs cases james clair argued cause president cases briefs charles alan wright leonard garment michael sterlacci jerome murphy loren smith james prochnow theodore garrish james tansey larry gutterridge william snow frates andrew hall spencer boyer henry jones filed brief respondent ehrlichman john bray filed brief respondent strachan fn norman dorsen melvin wulf filed brief american civil liberties union amicus curiae urging affirmance district judgment chief justice burger delivered opinion litigation presents review denial motion filed district behalf president case mitchell crim quash subpoena duces tecum issued district district columbia pursuant fed rule crim proc subpoena directed president produce certain tape recordings documents relating conversations aides advisers rejected president claims absolute executive privilege lack jurisdiction failure satisfy requirements rule president appealed appeals granted petition certiorari judgment also president certiorari judgment public importance issues presented need prompt resolution march grand jury district district columbia returned indictment charging seven named individuals various offenses including conspiracy defraud obstruct justice although designated indictment grand jury named president among others unindicted coconspirator april upon motion special prosecutor see infra subpoena duces tecum issued pursuant rule president district made returnable may subpoena required production advance september trial date certain tapes memoranda papers transcripts writings relating certain precisely identified meetings president others special prosecutor able fix time place persons present discussions white house daily logs appointment records delivered april president publicly released edited transcripts conversations portions conversations subject subpoena present case included may president counsel filed special appearance motion quash subpoena rule motion accompanied formal claim privilege subsequent hearing motions expunge grand jury action naming president unindicted coconspirator protective orders disclosure information filed raised orally counsel president may district denied motion quash motions expunge protective orders supp ordered president subordinate officer official employee custody control documents objects subpoenaed deliver district may originals subpoenaed items well index analysis items together tape copies portions subpoenaed recordings transcripts released public president april district rejected jurisdictional challenges based contention dispute nonjusticiable special prosecutor chief executive hence character also rejected contention judiciary without authority review assertion executive privilege president rejection first challenge based authority powers vested special prosecutor regulation promulgated attorney general concluded justiciable controversy presented second challenge held foreclosed decision nixon sirica app district held judiciary president final arbiter claim executive privilege concluded circumstances case presumptive privilege overcome special prosecutor prima facie demonstration need sufficiently compelling warrant judicial examination chambers held finally special prosecutor satisfied requirements rule district stayed order pending appellate review condition review sought may provided matters filed seal remain seal transmitted part record may president filed timely notice appeal district order certified record district docketed appeals district columbia circuit day president also filed petition writ mandamus appeals seeking review district order later may special prosecutor also filed petition writ certiorari judgment may petition granted expedited briefing schedule june president filed seal writ certiorari judgment granted june case set argument july jurisdiction finality requirements embodies strong congressional policy piecemeal reviews obstructing impeding ongoing judicial proceeding interlocutory appeals see cobbledick requirement ordinarily promotes judicial efficiency hastens ultimate termination litigation applying principle order denying motion quash requiring production evidence pursuant subpoena duces tecum repeatedly held order final hence appealable ryan cobbledick supra alexander consistently held necessity expedition administration criminal law justifies putting one seeks resist production desired information choice compliance trial order produce prior review order resistance order concomitant possibility adjudication contempt claims rejected appeal ryan supra traditional contempt avenue immediate appeal peculiarly inappropriate due unique setting question arises require president place posture disobeying order merely trigger procedural mechanism review ruling unseemly present unnecessary occasion constitutional confrontation two branches government similarly federal judge placed posture issuing citation president simply order invoke review issue whether president cited contempt engender protracted litigation delay review merits claim privilege ultimate termination underlying criminal action evidence sought considerations lead us conclude order district appealable order appeal order therefore properly appeals case properly writ certiorari judgment gay ruff ii justiciability mere assertion claim dispute without never operated defeat federal jurisdiction justiciability depend surface inquiry icc observed courts must look behind names symbolize parties determine whether justiciable case controversy presented see also powell mccormack icc jersey city ex rel chapman fpc secretary agriculture fmb isbrandtsen marine bancorporation ante connecticut national bank ante starting point nature proceeding evidence sought pending criminal prosecution judicial proceeding federal alleging violation federal laws brought name sovereign berger authority art ii congress vested attorney general power conduct criminal litigation government also vested power appoint subordinate officers assist discharge duties acting pursuant statutes attorney general delegated authority represent particular matters special prosecutor unique authority tenure regulation gives special prosecutor explicit power contest invocation executive privilege process seeking evidence deemed relevant performance specially delegated duties fed reg amended fed reg long regulation extant force law ex rel accardi shaughnessy regulations attorney general delegated certain discretionary powers board immigration appeals required board exercise discretion appeals deportation cases held long attorney general regulations remained operative denied authority exercise discretion delegated board even though original authority reassert amending regulations service dulles vitarelli seaton reaffirmed basic holding accardi accardi theoretically possible attorney general amend revoke regulation defining special prosecutor authority done long regulation remains force executive branch bound indeed sovereign composed three branches bound respect enforce moreover delegation authority special prosecutor case ordinary delegation attorney general subordinate officer authorization president acting attorney general provided regulation special prosecutor removed without consensus eight designated leaders congress supra demands resistance subpoena present obvious controversy ordinary sense alone sufficient meet constitutional standards constitutional sense controversy means disagreement conflict rather means kind controversy courts traditionally resolve issue production nonproduction specified evidence deemed special prosecutor relevant admissible pending criminal case sought one official executive branch within scope express authority resisted chief executive ground duty preserve confidentiality communications president whatever correct answer merits issues type traditionally justiciable icc independent special prosecutor asserted need subpoenaed material underlying criminal prosecution opposed president steadfast assertion privilege disclosure material setting assures concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions baker carr moreover since matter one arising regular course federal criminal prosecution within traditional scope art iii power light uniqueness setting conflict arises fact parties officers executive branch viewed barrier justiciability inconsistent applicable law regulation unique facts case conclude special prosecutor standing bring action justiciable controversy presented decision iii rule rule provides subpoena may also command person directed produce books papers documents objects designated therein motion made promptly may quash modify subpoena compliance unreasonable oppressive may direct books papers documents objects designated subpoena produced time prior trial prior time offered evidence may upon production permit books papers documents objects portions thereof inspected parties attorneys background special prosecutor order carry burden must clear three hurdles relevancy admissibility specificity review record necessarily affords less comprehensive view total situation available trial judge unwilling conclude district erred evaluation special prosecutor showing rule conclusion based record us much seal course contents subpoenaed tapes stage described fully special prosecutor sufficient likelihood tapes contains conversations relevant offenses charged indictment gross sdny respect many tapes special prosecutor offered sworn testimony statements one participants conversations said time remainder tapes identity participants time place conversations taken total context permit rational inference least part conversations relate offenses charged indictment also conclude sufficient preliminary showing subpoenaed tapes contains evidence admissible respect offenses charged indictment cogent objection admissibility taped conversations issue collection statements declarants subject statements therefore inadmissible hearsay however tapes apparently contain conversations one defendants named indictment party hearsay rule automatically bar statements defendant criminal case declarations one defendant may also admissible defendants upon sufficient showing independent evidence conspiracy among one defendants declarant declarations issue furtherance conspiracy true declarations coconspirators defendants case trial dutton evans recorded conversations may also admissible limited purpose impeaching credibility defendant testifies coconspirator testifies generally need evidence impeach witnesses insufficient require production advance trial see carter dc however valid potential evidentiary uses material analysis possible transcription tapes may take significant period time accordingly conclude district erred authorizing issuance subpoena duces tecum enforcement pretrial subpoena duces tecum must necessarily committed sound discretion trial since necessity subpoena often turns upon determination factual issues without determination arbitrariness trial finding without record support appellate ordinarily disturb finding applicant subpoena complied rule see sue chicago transit authority shotkin nelson case however subpoena directed president appellate review deference coordinate branch government particularly meticulous ensure standards rule correctly applied burr cas cc examination materials submitted special prosecutor district support motion subpoena persuaded district denial president motion quash subpoena consistent rule also conclude special prosecutor made sufficient showing justify subpoena production trial subpoenaed materials available source examination processing await trial circumstances shown bowman dairy iozia sdny iv claim privilege determined requirements rule satisfied turn claim subpoena quashed demands confidential conversations president close advisors inconsistent public interest produce app first contention broad claim separation powers doctrine precludes judicial review president claim privilege second contention prevail claim absolute privilege hold matter constitutional law privilege prevails subpoena duces tecum performance assigned constitutional duties branch government must initially interpret constitution interpretation powers branch due great respect others president counsel noted reads constitution providing absolute privilege confidentiality presidential communications many decisions however unequivocally reaffirmed holding marbury madison cranch emphatically province duty judicial department say law holding defined scope judicial power specifically relating enforcement subpoena confidential presidential communications use criminal prosecution exercises power executive branch legislative branch found invalid conflict constitution powell mccormack youngstown sheet tube sawyer series cases interpreted explicit immunity conferred express provisions constitution members house senate speech debate clause const art doe mcmillan gravel brewster johnson since consistently exercised power construe delineate claims arising express powers must follow authority interpret claims respect powers alleged derive enumerated powers system government requires federal courts occasion interpret constitution manner variance construction given document another branch powell mccormack supra baker carr stated deciding whether matter measure committed constitution another branch government whether action branch exceeds whatever authority committed delicate exercise constitutional interpretation responsibility ultimate interpreter constitution support claim absolute privilege president counsel urges two grounds one common governments one peculiar system separation powers first ground valid need protection communications high government officials advise assist performance manifold duties importance confidentiality plain require discussion human experience teaches expect public dissemination remarks may well temper candor concern appearances interests detriment decisionmaking process whatever nature privilege confidentiality presidential communications exercise art ii powers privilege said derive supremacy branch within assigned area constitutional duties certain powers privileges flow nature enumerated powers protection confidentiality presidential communications similar constitutional underpinnings second ground asserted president counsel support claim absolute privilege rests doctrine separation powers argued independence executive branch within sphere humphrey executor kilbourn thompson insulates president judicial subpoena ongoing criminal prosecution thereby protects confidential presidential communications however neither doctrine separation powers need confidentiality communications without sustain absolute unqualified presidential privilege immunity judicial process circumstances president need complete candor objectivity advisers calls great deference courts however privilege depends solely broad undifferentiated claim public interest confidentiality conversations confrontation values arises absent claim need protect military diplomatic sensitive national security secrets find difficult accept argument even important interest confidentiality presidential communications significantly diminished production material camera inspection protection district obliged provide impediment absolute unqualified privilege place way primary constitutional duty judicial branch justice criminal prosecutions plainly conflict function courts art iii designing structure government dividing allocating sovereign power among three branches framers constitution sought provide comprehensive system separate powers intended operate absolute independence constitution diffuses power better secure liberty also contemplates practice integrate dispersed powers workable government enjoins upon branches separateness interdependence autonomy reciprocity youngstown sheet tube sawyer jackson concurring since conclude legitimate needs judicial process may outweigh presidential privilege necessary resolve competing interests manner preserves essential functions branch right indeed duty resolve question free judiciary according high respect representations made behalf president burr cas cc expectation president confidentiality conversations correspondence like claim confidentiality judicial deliberations example values accord deference privacy citizens added values necessity protection public interest candid objective even blunt harsh opinions presidential president assist must free explore alternatives process shaping policies making decisions way many unwilling express except privately considerations justifying presumptive privilege presidential communications privilege fundamental operation government inextricably rooted separation powers constitution nixon sirica app appeals held presidential communications presumptively privileged position accepted parties present litigation agree chief justice marshall observation therefore case kind required proceed president ordinary individual burr presumptive privilege must considered light historic commitment rule law nowhere profoundly manifest view twofold aim criminal justice guilt shall escape innocence suffer berger elected employ adversary system criminal justice parties contest issues law need develop relevant facts adversary system fundamental comprehensive ends criminal justice defeated judgments founded partial speculative presentation facts integrity judicial system public confidence system depend full disclosure facts within framework rules evidence ensure justice done imperative function courts compulsory process available production evidence needed either prosecution defense recently restated ancient proposition law albeit context grand jury inquiry rather trial public right every man evidence except persons protected constitutional statutory privilege bryan blackmer branzburg hayes case president challenges subpoena served third party requiring production materials use criminal prosecution claim privilege disclosure confidential communications place claim privilege ground military diplomatic secrets areas art ii duties courts traditionally shown utmost deference presidential responsibilities air lines waterman dealing presidential authority involving foreign policy considerations said president nation organ foreign affairs available intelligence services whose reports published world intolerable courts without relevant information review perhaps nullify actions executive taken information properly held secret may possible satisfy circumstances case reasonable danger compulsion evidence expose military matters interest national security divulged case occasion privilege appropriate jeopardize security privilege meant protect insisting upon examination evidence even judge alone chambers right production evidence criminal trial similarly constitutional dimensions sixth amendment explicitly confers upon every defendant criminal trial right confronted witnesses compulsory process obtaining witnesses favor moreover fifth amendment also guarantees person shall deprived liberty without due process law manifest duty courts vindicate guarantees accomplish essential relevant admissible evidence produced case must weigh importance general privilege confidentiality presidential communications performance president responsibilities inroads privilege fair administration criminal justice interest preserving confidentiality weighty indeed entitled great respect however conclude advisers moved temper candor remarks infrequent occasions disclosure possibility conversations called context criminal prosecution hand allowance privilege withhold evidence demonstrably relevant criminal trial cut deeply guarantee due process law gravely impair basic function courts president acknowledged need confidentiality communications office general nature whereas constitutional need production relevant evidence criminal proceeding specific central fair adjudication particular criminal case administration justice without access specific facts criminal prosecution may totally frustrated president broad interest confidentiality communications vitiated disclosure limited number conversations preliminarily shown bearing pending criminal cases conclude ground asserting privilege subpoenaed materials sought use criminal trial based generalized interest confidentiality prevail fundamental demands due process law fair administration criminal justice generalized assertion privilege must yield demonstrated specific need evidence pending criminal trial earlier determined district err authorizing issuance subpoena president concludes compliance subpoena injurious public interest may properly done invoke claim privilege return subpoena upon receiving claim privilege chief executive became duty district treat subpoenaed material presumptively privileged require special prosecutor demonstrate presidential material essential justice pending criminal case burr district treated material presumptively privileged proceeded find special prosecutor made sufficient showing rebut presumption ordered camera examination subpoenaed material basis examination record unable conclude district erred ordering inspection accordingly affirm order district subpoenaed materials transmitted turn important question district responsibilities conducting camera examination presidential materials communications delivered compulsion subpoena duces tecum enforcement subpoena duces tecum stayed pending resolution issues raised petitions certiorari issues disposed matter implementation rest district guard furnished president protect harassed vexatious unnecessary subpoenas looked conduct district subpoenas issued circumstance precede issued burr statements meet test admissibility relevance must isolated material must excised stage district limited representations special prosecutor evidence sought subpoena material available district elementary camera inspection evidence always procedure calling scrupulous protection release publication material found stage probably admissible evidence relevant issues trial sought true ordinary situation obvious district heavy responsibility see presidential conversations either relevant admissible accorded high degree respect due president chief justice marshall sitting trial judge burr case supra extraordinarily careful point case kind required proceed president ordinary individual since matter came pendency criminal prosecution representations time essence mandate shall issue forthwith affirmed footnotes raised issue whether grand jury acted within authority naming president unindicted coconspirator since find resolution issue unnecessary resolution question whether claim privilege prevail certiorari dismissed improvidently granted remainder opinion concerned issues raised june president counsel moved disclosure transmittal evidence presented grand jury relating action naming president unindicted coconspirator action motion deferred pending oral argument case denied seven defendants john mitchell haldeman john ehrlichman charles colson robert mardian kenneth parkinson gordon strachan occupied either position responsibility white house staff position committee president colson entered guilty plea another charge longer defendant president entered special appearance district june requested lift protective order regarding naming certain individuals coconspirators additional extent deemed appropriate motion president based ground disclosures news media made reasons continuance protective order longer meaningful june district removed protective order june counsel parties jointly moved unseal parts record related action grand jury regarding president receiving statement opposition defendants denied motion june except grand jury immediate finding relating status president unindicted coconspirator specific meetings conversations enumerated schedule attached subpoena app joint suggestion special prosecutor counsel president approval counsel defendants proceedings district held camera parties suggested jurisdiction grounds view conclusion jurisdiction district order appealable need decide whether jurisdictional vehicles available regulation issued attorney general pursuant statutory authority vests special prosecutor plenary authority control course investigations litigation related offenses arising presidential election special prosecutor deems necessary appropriate assume responsibility allegations involving president members white house staff presidential appointees matters consents assigned attorney general fed reg amended fed reg particular special prosecutor given full authority inter alia contest assertion executive privilege handl aspects cases within jurisdiction regulation goes provide exercising authority special prosecutor greatest degree independence consistent attorney general statutory accountability matters falling within jurisdiction department justice attorney general countermand interfere special prosecutor decisions actions special prosecutor determine whether extent inform consult attorney general conduct duties responsibilities accordance assurances given president attorney general president exercise constitutional powers effect discharge special prosecutor limit independence hereby given special prosecutor removed duties except extraordinary improprieties part without president first consulting majority minority leaders chairmen ranking minority members judiciary committees senate house representatives ascertaining consensus accord proposed action understanding acting attorney general robert bork author regulation establishing independence special prosecutor shown testimony senate judiciary committee although anticipated jaworski receive cooperation white house getting evidence feels needs conduct investigations prosecutions clear understood sides power use judicial processes pursue evidence disagreement develop confirmation hearings attorney general william saxbe testified agreed regulation adopted acting attorney general bork remove special prosecutor except gross impropriety contention special prosecutor guilty impropriety quoted statement member advisory committee purpose rule bring documents advance time offered evidence may inspected advance purpose enabling party see whether use whether wants use manual complex multidistrict litigation published federal judicial center recommends use rule encouraged complex criminal cases order party may compelled produce documentary evidence well advance trial advance time offered district found faced unusual situation subpoena rather directed government defendants issues practical matter third party mitchell supp dc special prosecutor suggests evidentiary requirement bowman dairy iozia apply full vigor subpoena duces tecum issued third parties rather government prosecutors brief need decide whether lower standard exists satisfied relevance evidentiary nature subpoenaed tapes sufficiently shown preliminary matter warrant district refusal quash subpoena statements declarations party defendant surmount objections based hearsay rule least declarant admissible whatever inferences might reasonably drawn matlock lee see also mccormick evidence pp ed preliminary matter must substantial independent evidence conspiracy least enough take question jury vaught hoffa aff grounds santos cert denied morton spanos carbo cert denied whether standard satisfied question admissibility evidence decided trial judge nothing novel governmental confidentiality meetings constitutional convention conducted complete privacy farrand records federal convention pp moreover records meetings sealed years convention see stat res framers acknowledged without secrecy constitution kind developed written warren making constitution special prosecutor argues provision constitution presidential privilege president communications corresponding privilege members congress speech debate clause silence constitution score dispositive rule constitutional interpretation announced mcculloch maryland wheat reasonably appropriate relevant exercise granted power considered accompanying grant universally applied suffices merely state marshall gordon freedom communication vital fulfillment aims wholesome relationships obtained removing specter compelled disclosure overnment needs open protected channels kind plain talk essential quality functioning carl zeiss stiftung carl zeiss jena dc see nixon sirica app kaiser aluminum chem cl supp reed federalist mittell ed key role testimony witnesses judicial process courts historically cautious privileges justice frankfurter dissenting elkins said limitations properly placed upon operation general principle limited extent permitting refusal testify excluding relevant evidence public good transcending normally predominant principle utilizing rational means ascertaining truth concerned balance president generalized interest confidentiality need relevant evidence civil litigation confidentiality interest congressional demands information president interest preserving state secrets address conflict president assertion generalized privilege confidentiality constitutional need relevant evidence criminal trials justice cardozo made point analogous context speaking unanimous clark emphasized importance maintaining secrecy deliberations petit jury criminal case freedom debate might stifled independence thought checked jurors made feel arguments ballots freely published world nonetheless also recognized isolated inroads confidentiality designed serve paramount need criminal law vitiate interests served secrecy juror integrity reasonable firmness fear speak mind confidences debate barred ears mere impertinence malice expect shielded disclosure conduct event evidence reflecting upon honor chance may found timid soul take counsel fears give way repressive power remote shadowy shape course justice subpoenaed material delivered district judge camera questions may arise excising parts lies within discretion seek aid special prosecutor president counsel camera consideration validity particular excisions whether basis excision relevancy admissibility cases reynolds air lines waterman